Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1887-03-10

and, especially so,in the conduct of cases
before an inexperienced officer, or one
whose mind is unframed in the techni-
calities Of legal practice. His profession
al, or unprofessional, ambition, to swim
the case" leads him beyond the scope OF
professional duty, into the realms Of i'm
pudent assumption and unwarrantable
declarations. And, forsooth, because the
attorney imagiDes, that the hurting Of a
supposed, Blackstone, at a presumed,
"blockhead," will 60 overawe ths magis-
trate with marvellous legal profundity AS
to make him, Is wax work. to be nodded
to the will Of the ingenious designer.
Should you chance to encounter any such
mountebank approximations, tho effect up.
on your candid judgement, will be to on
" weaken the cause represented by the
attorney, and impress your mind With
the utter absurdity Of the idea, that
brainless, uuprincipaled, pettifoggery, is
practiciBg LAW.
What justice demands and what is es-
sential to the welfare Of the people, is to
ascertain 1.-The truth, the whole truth,
and nothing but the truth. The law
is every mans friend; it meets him upon
fair ground y it vouchsafes to ev-
cry defendant, full aud impartial hear.
ing. But, the dcfendent is equally
bound to maintain his innocense by
truth, and not by perversion Of truth,
and by Misrepresentation and falsehood.
The taxing Of bail-which is allowable
in caseses other than murder--is an i'm
portant part Of the preliminary arrange
ment. While it should not be ''exces-
sive," the amount Of the bond demanded
should be commensurate with the nature
and gravity Of the offense, with which
the defendant is charged. The incon.
siderate acceptance Of light bail--upon
the theory that the flight Of the defen-
dant will lessen court expenses, initiate
our school fund, and relieve US OF an OBJ
noxious citizens dangerous prece-
dent and practice. 1t is ignoring
the principle Of mora! justice, under
lying our system Of criminal juris-
prudence. Its effect is similar
to the discharge Of guilty person.
BY it, society loses the wholesome in8u--
ence Of salutary and reformatory disci-
pline, exempliaed in the infection Of
such penalties as criminal justly deserves.
Furthermore, it is a connivance ct the
perpstration Of gross fraud, or scriou.
injury upon the world at large, in per.
hitting the escape Of fugitive from the
justice Of our courts, who may impose
himself upon the generous confidence Of
strangers in sister state or foreign jur
isdiction. A guilty person must assume
all the consequences of his crime, and
one Of the incidental results, is the fur.
nishing Of sufficient and reliable bail fol
his appearance at the trial court, or re
main in the official custody Of the sheriff
If man values his liberty, he should re.
spect the rights Of his neighhors. The
great bulwark of moral strength and
Cody government, is to make crime for
bidding, revolving and hideous. The
classical Pope, in rythmical if not roman
tic phrase, nercilcssly indicts mankind
in the following verse:
| ''vioe 10 = monster Of such freightful mein
That to be hated, needs but to be seen.
Yet. seeing Unfamiliar with its faoe
| We FIRST endure, then pity, then embrace
Our laws do not admit of any etipula
ton between virtue and vice; no com
promise !; no capitalization, except "uncon
ditional surrender" on the part of til,
crime. The sacred interests Of the home
circle, the welfare Of the community, aut
the ''life, liberty and pursuit and happi
ness" Of the whole people, are only pro
tected, guarded and psrpstuated BY Z
fearless execution, and resolute main
tenance Of the laws enacted for our gov
eminent and control. While w advic,
and commend, the exercise Of reasonable
caution and economy in the administra
ton Of the afiairs. of the commonwealth
and dsprecate extravaganza and reckless
ness in the manipulation Of public moni,
aud in the use of the public faith, VI
should not indulge such excessive econo
my as to sacrifice and defeat the aim,
and ends Of wisely restrictive, legislation
and rsformatory government. 1t il
unnecessary for me to call your attention
to tho sections in our "criminal practic
act" which give the method and formula
to be observed in your Examinations
Under the head OF "Bail," as indexcd i,
the Revised Laws, you will find usefa
information concerning the "bindin.
over Of parties held upon criminal nc
cusation. I recommend careful perusa
Of the chapters under "crimes and punish
ments." Az you have noticed, "felonies'
are that class Of crimes punishable b.
imprisonment in the territorial prison
"Misdemeanors' are punishable BY fine
and Jail confinement, for different statu
tory amounts, and tor various lengths o
time. OF the offenses, wherein the max
imum fipe imposed, does not exceed $40
you-as q justice of the peace
have jurisdiction to try the cause AMI
Of course, in case of conviction, to pro
nouuce judgement upon the defendant
In such cases, if ajury is demanded, yo'
cau-by consent Of the defendant-sub
NIT the cause to panel of six Jurors, :,
be summoned by the constable or sheriff